If you have been charged with a drug crime then you need a drug crime attorney in Anaheim CA. You have found that attorney in Simmons Wagner, LLP. Keep reading to learn about a variety of drug charges you could face and then contact us at (949) 439-5857 to request a free legal consultation from an experienced attorney.
There are two general categories
In general, drug offenses in California fall into one of two categories: possession or transportation for resale. There are a variety of other offenses that fit under these categories, including:
- Possession of a controlled substance
- Possession of drug paraphernalia
- Drug-related DUI
- Sale and transportation of drugs
- Manufacturing of pharmaceuticals
- Fraudulent prescriptions
Simple drug possession can now only be prosecuted as an infraction or a misdemeanor in California, depending on the type and amount of narcotics you have. Possession with the intent to distribute (possession with the intent to sell or cultivate narcotics) carries substantially higher penalties and is classified as a felony drug offence.
This is by no means a full list of drug offenses, but these are some of the most prevalent charges you could face. A drug crime attorney in Anaheim CA can assist you with these and other sorts of drug offenses.
California’s potential penalties for drug crimes
Proposition 47, which was approved in November 2014, drastically decreased the possible punishments for numerous drug offences when compared to a decade before. However, a person’s sentence will be determined by their criminal history, the circumstances of the offence, the drug schedule, and other criteria. The following are the basic potential penalties.
Possession of a controlled substance
Most persons charged with possession of a controlled drug are qualified to participate in a diversion program according to Proposition 36, which was passed more than 20 years ago. This charge was downgraded from a felony to a misdemeanor under Proposition 47. Possession of a controlled drug carries a maximum punishment of one year in county prison and penalties of up to $1,000 in most situations.
Possession of controlled substances for the purpose of sale
Possession with the intention of selling is a considerably more severe offense in the eyes of the law. In the case of Prop 36, there is no option for diversion. This felony has a maximum punishment of four years in state prison, but sentencing enhancements can extend the term even further.
Containment of a restricted substance
Selling, administering, furnishing, or transporting restricted narcotics is unlawful in California. This is a felony that can land you in state prison for three to five years. It should be noted that this does not always imply large-scale drug distribution; it might be as simple as a person selling a few extra pain pills to a buddy.
Drug paraphernalia possession
Possession of anything considered by the law to be an item used for injecting or smoking a restricted narcotic can result in a misdemeanor charge of drug paraphernalia. Hypodermic needles, cocaine spoons, pipes, and bongs are all examples. Although many persons charged with this misdemeanor are qualified for a Prop 36 diversion program, the maximum punishment is up to six months in county prison.
If you are facing any of these charges, contact a drug crime attorney in Anaheim CA by calling Simmons Wagner, LLP at (949) 439-5857.